The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

PART 3— APPEAL TO HOUSE OF LORDS

Leave to appeal to House of Lords

11.  An appeal to the House of Lords under section 33, 44 or 66 of the Act lies only with the leave of the Court of Appeal or the House of Lords; and leave shall not be granted unless it is certified by the Court of Appeal that a point of law of general public importance is involved in the decision and it appears to the Court of Appeal or the House of Lords (as the case may be) that the point is one which ought to be considered by that House.

Application for leave to appeal

12.—(1) An application to the Court of Appeal for leave to appeal to the House of Lords under section 33, 44 or 66 of the Act shall be made within the period of 14 days beginning with the date on which Court of Appeal gives reasons for the decision which is the subject of the appeal; and an application to the House of Lords for leave shall be made within the period of 14 days beginning with the date on which the application for leave is refused by the Court of Appeal.

(2) The House of Lords or the Court of Appeal may, upon application made at any time by the appellant, extend the time within which an application may be made by him to that House or the Court under paragraph (1).

(3) An appeal to the House of Lords shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of; and for the purposes of this Order an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made, if it is not made within that time.

Hearing and disposal of appeal

13.—(1) An appeal under section 33, 44 or 66 of the Act shall not be heard and determined by the House of Lords unless there are present at least three of the persons designated Lords of Appeal by section 5 of the Appellate Jurisdiction Act 1876(1).

(2) Any order of the House of Lords which provides for the hearing of applications for leave to appeal by a committee constituted in accordance with section 5 of the said Act of 1876 may direct that the decision of that committee shall be taken on behalf of the House.

Presence of defendant at hearing

14.  A defendant who is in custody shall not be entitled to be present on the hearing of an appeal to the House of Lords under section 33, 44 or 66 of the Act or of any proceedings preliminary or incidental thereto, except where an order of the House of Lords authorises him to be present, or where the House or the Court of Appeal, as the case may be, give him leave to be present.

Powers of Court of Appeal under Part 3 which are exercisable by single judge

15.  There may be exercised by a single judge the powers of the Court of Appeal—

(a) to extend the time for making an application for leave to appeal under article 12(2); and

(b) to give leave for a person to be present at the hearing of any proceedings preliminary or incidental to an appeal under article 14,

but where the judge refuses an application to exercise any of the said powers the applicant shall be entitled to have the application determined by the Court of Appeal.

(1)

1876 c. 59 (39 & 40 Vict).